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UK Supreme Court rules on British Airways delays due to staff sickness

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UK Supreme Court rules on British Airways delays due to staff sickness
Policy
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Joanna Bailey Managing Editor | Simple Flying

A recent ruling by the UK's Supreme Court has established that passengers are entitled to compensation for flight delays or cancellations caused by airline staff sickness. This decision, which sets a significant legal precedent, came after British Airways appealed a case involving passengers Kenneth and Linda Lipton, who were delayed due to pilot illness.

The Liptons' flight from Milan to London in January 2018 was delayed by more than two hours. They sought compensation of approximately £220 ($285) under EU261 regulations but were initially denied by British Airways on the grounds that the pilot's illness constituted "extraordinary circumstances." Two lower courts upheld this view before the UK Court of Appeals reversed the decision in favor of the Liptons. British Airways then took their appeal to The Supreme Court.

On Wednesday, five justices unanimously dismissed British Airways' appeal. Lord Sales and Lady Rose stated in their judgment: "If, for whatever reason, [staff] are unable to attend for work as a result of something going awry during rest periods, whether it is their fault or not, that failure to attend is not an extraordinary circumstance."

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The ruling further clarified that "extraordinary circumstance" should be understood as something out of the ordinary and noted that employee sickness is commonplace for any business. Justice Lord Green added that "the risk of non-attendance of workers is an inherent risk which any airline needs to cater for."

Irwin Mitchell, the law firm representing the Liptons, hailed the decision as "a victory for people who are prepared to fight for common sense and justice against corporate behemoths who have access to every resource." A spokesperson for British Airways expressed disappointment but acknowledged respect for the court's judgment.

This landmark ruling is expected to lead to tens of thousands of passengers receiving mandatory compensation each year. The Supreme Court indicated that it could impact claims made within the past six years.

Improvements in passenger rights are also being seen in other regions. In the US, changes introduced by the Biden Administration aim to enhance refund systems and protect consumers better.

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